§ 12.17 Venue - Federal Court - Transfer

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 12.17 Venue - Federal Court - Transfer

The federal district court addressed transferring venue in federal court. The transfer section found at 28 U.S.C. § 1401(a) provides: "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." The court in Schremmer explained that "[t]his provision 'is intended to place discretion in the district court to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness.'"¹³⁴ The court further explained that "[i]n determining whether to exercise that discretion, 'the court must consider whether venue is proper in the proposed transferee district. If the proposed venue is proper, the court then considers whether transfer is in the interest of justice and will serve the...